A.
A person commits the offense of abandonment of an airtight or semi-airtight
container if he or she knowingly abandons, discards, or permits to
remain on premises under his or her control, in a place accessible
to children, any abandoned or discarded icebox, refrigerator, or other
airtight or semi-airtight container which has a capacity of one and
one-half (1 1/2) cubic feet or more and an opening of fifty (50)
square inches or more and which has a door or lid equipped with hinge,
latch or other fastening device capable of securing such door or lid,
without rendering such equipment harmless to human life by removing
such hinges, latches or other hardware which may cause a person to
be confined therein.
B.
Subsection (A) of this Section does not apply to an icebox, refrigerator or other airtight or semi-airtight container located in that part of a building occupied by a dealer, warehouse operator or repair person.
D.
The offense of abandonment of an airtight or semi-airtight container
is an ordinance violation.
A person commits the offense of littering if he or she places,
deposits, or causes to be placed or deposited, any glass, glass bottles,
wire, nails, tacks, hedge, cans, garbage, trash, refuse, or rubbish
of any kind, nature or description on the right-of-way of any public
road or State highway or on or in any of the waters in this City or
on the banks of any stream, or on any land or water owned, operated
or leased by the State, any board, department, agency or commission
thereof or on any land or water owned, operated or leased by the Federal
Government or the City, or on any private real property owned by another
without the owner's consent.
A.
A person commits the offense of unlawful disposition of a dead animal
if he or she knowingly places or causes to be placed the carcass or
offal of any dead animal:
A.
A person
commits the offense of tampering with a water supply if he or she
purposely:
1.
Poisons, defiles or in any way corrupts the water of a well, spring,
brook or reservoir used for domestic or municipal purposes; or
2.
Diverts, dams up and holds back from its natural course and flow
any spring, brook or other water supply for domestic or municipal
purposes, after said water supply shall have once been taken for use
by any person or persons, corporation, town or city for his/her, their
or its use.
B.
The
offense of tampering with a water supply is an ordinance violation.
[R.O. 1997 §215.220]
A person commits the offense of abandoning a motor vehicle if
he/she abandons any motor vehicle on the right-of-way of any public
road or State highway or on or in any of the waters in this State
or on the banks of any stream, or on any land or water owned, operated
or leased by the State, any Board, Department, Agency or Commission
thereof, or any political subdivision thereof or on any land or water
owned, operated or leased by the Federal Government or on any private
real property owned by another without his/her consent.
[R.O. 1997 §215.230; CC 1989 §§6-66 —
6-68; Ord. No. 465 §§1, 2, 4, 7-1-1935; Ord. No. 1652 §1, 3-28-2011; Ord. No. 1705 §1, 5-13-2013; Ord. No. 1706 §1, 6-10-2013; Ord. No. 1713 §1, 12-9-2013]
A.
Definitions. For purposes of this Section, the term
"fireworks" shall mean and include any composition or device for producing
a visible, audible or both visible and audible effect by combustion,
deflagration or detonation and that meets the definition of "consumer
fireworks," "proximate fireworks" or "display fireworks" as set forth
by 49 CFR Part 171 to end, United States Department of Transportation
hazardous materials regulations.
B.
Sale Permitted. It shall be unlawful for any person,
firm or corporation, including non-profit, religious or community
service organizations, to manufacture, store, sell or offer for sale
fireworks of any type within the City limits, except as provided for
by this Section.
2.
Permit Required. Each dealer in fireworks,
at wholesale or retail, before selling any article of fireworks, shall
obtain from the City Clerk a permit to sell fireworks for each location
at which fireworks are to be offered for sale. Each permit shall bear
the date of expiration on the face thereof, shall designate the location
for which it is granted, and shall not be transferable. Each permit
for a retail location shall be for a period of time beginning June
20 and ending on July 10 of each year.
a.
No permit shall be issued for any location where paints, oils
or varnishes are manufactured or kept for use or sale, nor where resin,
turpentine, gasoline or other similar flammable substances or any
substance that may generate flammable vapors is used, stored or offered
for sale or where the Chief of Police or his/her designee shall determine
that any condition exists that makes the storage or sale of fireworks
at such location unusually hazardous.
3.
Application For Permit.
a.
Any such person, firm or corporation making application for
a permit shall file a written request with the City Clerk on or before
June 1 accompanied by a fee of one hundred dollars ($100.00) per location.
If the application is not approved by the Board of Aldermen, the one-hundred-dollar
fee shall be returned to the applicant. In addition, Missouri One-Call
must be contacted and utilized, prior to preparation and/or installation
of tent or other temporary sales structure.
b.
All permits issued and approved are personal to the applicant
and nontransferable. The sale of fireworks or operation of place of
sale by any one other than the permittee shall void the permit and
cause forfeiture of the permit fee.
c.
The City Administrator is authorized to review, grant or deny
applications for temporary fireworks stands to include placing conditions
on sales and operations consistent with this Section. Aggrieved applicants
may appeal to the Board of Aldermen who shall be the final authority
in all related matters. All applications shall contain the name of
applicant, in addition to a detailed description of the location of
sale site or sites, type of structure from which sales are to be made,
provisions for fire protection, and provided further, that the location
of each sale site shall be only on property that is zoned for commercial
or industrial use.
[Ord. No. 1830, 7-13-2020]
4.
Safety Requirements.
a.
No permissible fireworks may be sold at retail without a retail
license. The license must be on display at the location where the
retail sale takes place.
b.
Fireworks shall not be manufactured, stored, kept or sold within
fifty (50) feet of any motor vehicle fuel dispensing station dispenser,
retail propane dispensing station dispenser, compressed natural gas
dispensing station dispenser, gasoline or propane bulk station, or
any building in which gasoline or volatile liquids are sold in quantities
in excess of one (1) gallon. The provisions of this Subsection shall
not apply to stores where cleaners, paints, and oils are sold in the
original containers to consumers.
c.
Fireworks shall not be sold or kept for sale in a place of business
where paint, oils, varnishes, turpentine or gasoline or other flammable
substances are kept.
d.
Each licensee shall keep and maintain at least two, five pounds
each, A.B.C. dry chemical fire extinguishers with a 2-A rating or
over, mounted in plain view, per location.
e.
The smoking or carrying of a lighted pipe, cigar, cigarette
or tobacco in any form is prohibited in all places where fireworks
are sold or displayed. One (1) or more signs reading FIREWORKS —
NO SMOKING shall be displayed at all places where fireworks are stored
or sold, in letters not less than four (4) inches in height.
f.
It shall be unlawful to offer for sale or to sell any fireworks
to any intoxicated person.
g.
No person shall expose fireworks in any location where the sun
may shine through glass on the fireworks displayed, or permit the
presence of lighted cigars, cigarettes, or pipes on the premises where
fireworks are offered for sale.
h.
No fireworks shall be sold other than at a licensed fireworks
stand. No fireworks stand shall be located within twenty-five (25)
feet of any building of masonry construction or within fifty (50)
feet of any building not of masonry construction.
5.
Dates And Hours Of Sale And Use.
a.
No fireworks may be sold except between the hours of 8:00 A.M.
and 10:00 P.M. each day during the period of June 20 to July 10 of
each year.
7.
Penalties. Violation of any of the provisions
of this Section shall also cause an immediate and automatic revocation
of all licenses or permits issued pursuant to this Section and the
violator shall be prohibited from selling fireworks within the City
for a period of two (2) years. Furthermore, any violation that involves
the sale or use of fireworks other than permissible fireworks shall
cause an automatic forfeiture of that merchandise to the City.
8.
Prohibition. The Mayor and/or Board of Aldermen
shall have the power and authority to limit or prohibit the sale of
fireworks in case of a declared emergency or extreme fire danger.
C.
Use Regulated. It shall be unlawful for any person
within the City of Cassville, Missouri, to discharge or cause to be
discharged, ignited, fired or otherwise set in action within the City
limits, any fireworks except for "consumer fireworks" as defined in
Section 320.106, RSMo., except on July first (1st), July second (2nd),
and July third (3rd) between the hours of 12:00 P.M. and 10:00 P.M.;
and July fourth (4th) from 10:00 A.M. to 11 :00 P.M. It is unlawful
to explode or ignite consumer fireworks within six hundred (600) feet
of any church, hospital, mental health facility, school, or within
one hundred (100) feet of any location where fireworks are stored,
sold, or offered for sale. No discharge shall be permitted as set
forth above if a "burn ban" has been issued during said periods.
[Ord. No. 1805, 2-11-2019; Ord. No. 1809, 3-11-2019]
1.
Confiscation Of Fireworks. The Chief of Police
and other City of Cassville Police Officers are hereby authorized
to confiscate fireworks from the possession of any person found to
be in violation of this Section.
2.
Notification Upon Confiscation - Request For Review. Any person who has fireworks confiscated under this Section shall
be provided written notice at the time of the confiscation that within
seven (7) days from the confiscation, the person may file a written
request for a review with the Police Department setting out the specific
facts for the claim within ten (10) days of receipt of the written
request for appeal. The decision of the Chief of Police shall be final.
3.
Disposition Of Confiscated Fireworks. Fireworks
confiscated under this Section shall be destroyed within thirty (30)
days of confiscation or upon appeal, at the time of the final decision
finding the possessor in violation of this Section. The Chief of Police
is authorized to make arrangements for the storage of such fireworks
in or out of the City limits at a safe storage facility.
D.
Public Display.
[Ord. No. 1830, 7-13-2020]
1.
Permit For Public Display Of Fireworks. The
City Administrator is authorized to review, grant or deny permits
for the public display of fireworks to include placing conditions
on such displays to ensure public health, safety and consideration
of the neighborhood in the vicinity of the display. The permit shall
be for a maximum period of twenty-four (24) consecutive hours for
the possession and use of fireworks, including special fireworks,
for the purpose of organized public fireworks exhibitions, provided
that the permit holder takes adequate safety precautions to protect
the public from injury or property damage, and provided that the exhibition
is conducted by skilled, qualified persons.
